American Constitutional Law Institutions Exam 1

The Articles of Confederation had which kind of judiciary system?

State

Which institution is not involved in the amendment process?

Executive

Which of the following involves the cases coming to the Supreme Court from other Federal Courts?

Appellate Jurisdiction

Which of the following offices represents the United States before the Supreme Court?

Solicitor General

Which of the following judicial ideologies covers an attempt to determine what the exact words mean in a law?

Textualism

Judicial review comes from which of the following?

Marbury v. Madison Case in 1803

Which of the following cases would not have “Justiciability” for the Supreme Court?

Advisory opinions

Which of the following best describes the likelihood of a case appealed to the Supreme Court that the court actually hears?

Rare

Moot Court covers what type of simulation?

Appellate Court

Which of the following represents a primary source law?

Court Cases

Which of the following really won the Marbury v. Madison case, according to Dr. Tures?

Chief Justice John Marshall, who gave the Supreme Court the power of judicial review.

What is the Latin term for “let the original decision stand” for judicial precedent?

Stare Decisis

Can Congress Make A Tax-Free Bank Of The United States?

McCulloch v. Maryland:

Congress Cannot Investigate Private Matters, Just Public Ones.

Kilbourn v. Thompson:

Can The Executive Branch Force U.S. Companies To Embargo Or Sanction A Foreign Country

U.S. v. Curtiss-Wright Export Corp.

What were the weaknesses of the Articles of Confederation?

Weak Central Government, No Power to Tax, No Executive Branch, No National Court System, Unanimous Consent for Amendments, No Standing Army, and Weak Foreign Policy

What was the fix for a Weak Central Government?

The Constitution created a stronger federal government with separation of powers and checks and balances.

What was the fix for No Power to Tax?

The Constitution gave Congress power to tax

What was the fix for No Executive Branch?

The Constitution established a president and executive branch.

What was the fix for No National Court System?

The Constitution created a federal judiciary, including lower courts and the Supreme Court.

What was the fix for Unanimous Consent for Amendments?

Constitution allows amendments with a two-thirds vote.

What was the fix for No Standing Army?

The Constitution gave the federal government power to raise an army.

What was the fix for Weak Foreign Policy?

The Constitution gave the federal government authority over foreign policy.

What are lingering problems with the Constitution?

Electoral College, Two-Party System, Senate Representation, Amending Difficulty, Vague Clauses, Lifetime Judges, and State vs. Federal Power

Amicus Curiae

a friend of the court brief

Rule 24…

ensures briefs contain all necessary information for the court to consider a case

What Did The Constitutional Founding Fathers Want?

Original Intent

What Are The Literal Meanings Of The Words?

Textualism

Deductive Reasoning

drawing conclusions from ideas

Inductive Reasoning

finding the path that leads to a known solution

14th Amendment:

Due Process Clause

The Judiciary Act of 1789

established the federal court system, including the Supreme Court, district courts, and circuit courts, and outlined their powers. It also gave the Supreme Court authority to review state court decisions.

What does it mean when a case is considered "ripe"?

A case is "ripe" when it is ready for judicial review because the issues are fully developed and there is an actual, specific dispute needing resolution. It means the case is not hypothetical or premature.

What is "justiciability" for the Supreme Court?

Justiciability refers to whether a case is appropriate for judicial review. It means the issue must be suitable for the court to resolve, not political or hypothetical, and must involve a real, legal dispute.

What represents a primary source law?

original legal documents such as statutes, constitutions, and case law that establish legal principles or rules directly.

What is a secondary source of law?

commentary, analysis, or explanation about the law, such as legal textbooks, articles, or encyclopedias. It helps interpret and understand primary sources of law